20061104 Ver 2_More Info Received_20070611

J~~, 1~~ U~ U.S. AR}YIY CORPS OF ENGINEERS
(J ` WILMINGTON DISTRICT
Action ID. SAW-2006-33102-306 County: Aver 1:JSGS Quad: Valle Crncis
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: KMH Banner Elk, LLC. Attn: Mr. Ron Kent
Address: 2221 NW Corporate Blvd., Spite 240
Boca Raton. FL 33431
Telephone No-: PAYM E N T
Size and location of property (water body, road name/number, town, etc.): Elk Creek development RECEIVED
located on an 18.31 acre tract off of Hardees Lane off of NC 184• in Banner Elk
Description of projects area and activity: Additioa of a 5-foot, 52 LF culvert with associated 48 LF of
wrap outlet protection to an existing culverted crossing for the purpose of improving the crossinsr
to provide access to the above referenced development. In add' 'on. the new culvert will handle
high flows in order to protect the existing stractare from potentfal future flood damage.
Applicable Law: ®Section 404 (Clean Watcr Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403}
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit pmtizded it is accompiishcd in strict accordance with the
attached Nationwide conditions, those conditions outlined in the enclosed NCWRC letter, and your submitted
plar>,s. Any violation of the attached conditions or deviation from your submitted plans may subject the pemuttee to
a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. Ali of tbe existing NWFs are
scheduled to be modified, reissued, or revoked prior to March I8.2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the \~WPs are reissued. Furthermore, if you
commence or are udder contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twrlve (12} months from the date of the modification or revocation of the i\'WP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or malified, this verification will remain
valid until the expiration date identified below, provided it complies with all netiv and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity s authorization under and NWP.
Activities subject to Section 404 (as indicated above} may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior >b beginning work you must contact the N.C. Division of Coastal Management.
This Depatvrtent of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvalslpermits.
[f there are any questions regarding this verification, any of the conditions of the Permit, or thc Corps of
Engineers regulatory program please contact Steve Chapin at 828-271-7980 x224.
Corps Regulatory Official Steve Chapin Date: November 1.2006
Expiration Daze of Verification: March 18.21!07
Copy E'urnished:
Atlantic Plan Engineering Corp. (Richard Franklin), P.O. Box 1691, Hickory, NC 28603
JUti 1 ~ 2001
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